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If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.
According to WIPO’s latest research, global trademark registrations soared in 2020, while patent and design filings rebounded quickly from the pandemic’s initial impact on application numbers. We summarise some of the key findings from the 2021 World Intellectual Property Indicators Report (WIPI) report.
Female technology (FemTech) is becoming big business with health and wellness apps, software and diagnostic products promising to revolutionise women’s health. Asma Mejri sets out strategic IP advice for FemTech start-ups.
Owners of well-known trademarks seeking to introduce a new product and service may find themselves blocked by ‘trademark squatting’, where a third party has already applied for an identical or similar trademark. A recent ruling by the Dutch Higher Court illustrates why and how to take action.
The United Arab Emirates (UAE) will join the Madrid System in December 2021, becoming the 109th member state of the international trademark registration system.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Preparation is critical to success.
In our white paper 'Best practices in trademark auditing: a practical guide', we set out the steps to take to put a trademark auditing programme in place that will help your business to streamline and exploit its portfolio.
Earlier this month, EUIPO’s Board of Appeal ruled on an opposition between German drink brand Jägermeister and French company Les Bordes over ownership of a stylised Hubertus stag.
Unlike trademark registration systems, which are national or regional by nature, the internet offers a global and potentially limitless market. Businesses with the same or confusingly similar company or product names can face a considerable challenge to mitigate the risks of brand confusion online.
Owners of registered EU rights benefited from the automatic cloning of those rights onto the UK register at the end of the Brexit transition period, but pending rights were not similarly converted. Luke Portnow sets out the steps needed to be taken by 30 September to protect such marks in the UK.
Similarities in packaging between Howler’s stout beer and Nestlé’s MILO® chocolate milk hit the courts in Australia last month, with the case illustrating the need for trademark protection of visual branding elements, says Chantal Koller.
Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.